Assistant DA: Homicide not always criminal

Margaret Lechleitner died after being pushed by another guest at Weatherwood Nursing & Rehabilitation Center.

And while the 85-year-old woman's death was ruled a homicide, a Carbon County prosecutor cautioned against jumping to conclusions.

"When people hear the word 'homicide,' they might think of it as being a criminal act," said Carbon County Assistant District Attorney Michael Greek. "It doesn't always mean that. 'Homicide' means a death was caused by another individual" and not the result of natural causes.

The district attorney's office and Weatherly police are probing the incident. Greek is meeting with investigators to determine whether charges should be filed.

According to a statement issued Thursday by Weatherwood, both Lechleitner and the other resident involved in the April 20 incident suffer from dementia.

Lechleitner "fell and hit her head after being pushed by another resident," according to the statement.

Because Lechleitner died a day later at Hazleton General Hospital, the autopsy was performed by the Luzerne County Coroner's Office. Greek said his office ordered the autopsy.

"Any time there is a death that is the result of another individual, we need to determine that cause of death," he explained.

Luzerne County Acting Coroner William Lisman said Lechleitner died from head trauma and ruled her death a homicide.

Numerous calls to Weatherwood's owner, Guardian Elder Care of Montgomery County, were not returned.

In its statement, Weatherwood calls behaviors associated with dementia "unpredictable."

"While we strive to ensure resident care and safety on a daily basis, spontaneous, unpreventable incidents can occur due to the disease process," the statement reads. "For that reason, we work with an interdisciplinary team of health care professionals and the residents' physicians to ensure the best quality of care and quality of life for individuals who are living with this terrible disease."

The nursing facility also extended its condolences to Lechleitner's family.

Her son, Bruce Lechleitner of Summit Hill, said he was contacted by the nursing home around 7:25 p.m. April 20 and told that his mother was rushed to the hospital. She died about six hours later.

Lechleitner, however, didn't learn about the homicide investigation until he read about it in Thursday's edition of the Standard-Speaker.

According to Cheri Santore, director of the Carbon County Area Agency on Aging, Pennsylvania nursing facilities are required to report any suspicious deaths under the Older Adult Protective Services Act.

Santore did not comment specifically on the Weatherwood incident, or say whether her agency is involved, but provided information about the act. By law, nursing home employees or facility administrators must report any abuse incidents to the local Area Agency on Aging within 48 hours.

"If the employee or administrator believes the abuse involves sexual abuse, serious physical injury, serious bodily injury or suspicious death, they are also required to make an immediate oral report to law enforcement and to the Pennsylvania Department on Aging in addition to the oral and written report to the Area Agency on Aging," reads one part of the act. After the initial reports, the employee or administrator has 48 hours to file a written report to law enforcement officials.

When the local Area Agency on Aging receives a report concerning a suspicious death, the agency "will make an oral report to the coroner and follow up with a written report within 24 hours," according to the act.

If facilities do not follow the procedures for any type of abuse report, they can be cited - and possibly fined - by the Pennsylvania Department of Health, Santore said.

"If a facility has a history of not reporting abuse in a timely manner, many times, it is the Area Agency on Aging that will make a report to the Department of Health," Santore said.

jwhalen@standardspeaker.com

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